IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 30TH DAY OF NOVEMBER 2016
Present:- Adv. Ravisusha,Member, President (I/C)
Adv. M. Praveen Kumar, Member
CC.No.219/2016
P.I.Noushad : Complainant
S/o K.M.Ibrahim
Pattolil puthenveedu,
Edakulangara P.O
Karunagappally
[By Adv.V.Harirajan Pillai, Kollam]
V/s
Managing Director : Opposite Parties
Indus Motor Company Private Ltd.
Authorised Maruthi Dealer,
Opposite Cochin Shipyard,
MG road,
Branch Manager,
Indus Motors Company Private Ltd.
[By Adv.P.K.Aboobacker & Adv.Aneesh.S, Kollam]
ORDER
Adv. M. Praveen Kumar, Member
Complainant’s case is that complainant had booked a brand new Maruti Vitara Brezza ZDI+ car from 2nd opposite party on 07.04.2016. On the same day complainant paid an advance amount of Rs.21,000/- to 2nd opposite party, booking number SOB 16000119, booking receipt number 48457 and executed a sale agreement with opposite parties 1 and 2. On 14.07.2016 2nd
(2)
opposite party sent a message to complainant’s mobile informing that said vehicle can be delivered on 18.07.2016 after the payment of balance amount of
Rs.10,77,942/- to the 2nd opposite party’s account. As per the message complainant remitted balance amount of Rs.10,77,942/- to the 2nd opposite party’s account. Complainant sent Insurance cover note to 1st opposite party through email. On 18.07.2016 complainant approached 2nd opposite party for receiving the said vehicle.
Opposite parties 1 and 2 set exparte.
The Points that would arise for consideration are:-
(1) Whether there is any deficiency in service on the part of opposite parties?
(2) Reliefs and costs?
The evidence in this case consists of proof affidavit of complainant
and documentary evidence Exts. P1 to P8.
The Points:-
After receiving notice from the forum opposite parties filed vakalath on 29.09.16. But later on 07.11.2016 and 14.11.2016 neither opposite parties nor their counsel neither appeared nor filed version / adduced evidence, hence opposite parties declared as exparte on 14.11.2016. On examination of proof affidavit and Exts. P1 to P8 documents we are on the view that the non delivery of the car by the opposite parties after receiving (21,000+10,77,942) Rs.10.98,942/- as per sale agreement and insurance cover note from the complainant amounts to gross
(3)
negligence, deficiency in service and unfair trade practice on the part of opposite parties. And complainant is entitled to get relief.
In the result, complaint allowed in part. Opposite parties are directed to give a brand new vehicle as per sale agreement or give Rs.10,98,942/- with 9% interest per annum from 18.07.2016 to complainant jointly and severally. Opposite parties are further directed to pay Rs.1,00000/- as compensation to the complainant. Order must be complied with within one month of date of receipt of this order. Non compliance of this order the opposite parties will pay Rs.10,98,942/- with 12% interest per annum to the complainant jointly and severally.
Dated this the 30th day of November 2016.
ADV.RAVISUSHA:Sd/-
ADV.M.PRAVEEN KUMAR:Sd/-
Forwarded/by Order
INDEX
Ext.P1:- Copy of receipt
Ext:P2:-Proforma Invoice dated 13.07.2016.
Ext:P3:-RTGS slip from Corporation Bank dated 15.07.2016.
Ext:P4:-Insurance cover note from Oriental Insurance Company.
Ext:P5:-Copy of Demand notice dated 20.07.2016.
Ext:P6:-Postal receipts dated 20.07.2016.
Ext:P7:-Acknowledgment card.
Ext:P8:- Acknowledgment card.
